According to the terms of the agreement reached last week in United States Bankruptcy Court in Newark, BAPS Northeast will pay the $2.2 million to Four Three Oh, Corp., the current owners of the Millennium club, for the 200,000 square foot building located on Tonnelle Avenue.
The Millennium was ordered closed by the township's Alcohol Beverage Control board two weeks ago, but there have been discussions about the possible sale to the Hindu group for months. Last week, it was erroneously reported in the North Bergen Reporter that it was a Muslim group interested in purchasing the site. In reality, it was the Hindu group.
There is currently a strong Indian population in Hudson County, especially North Bergen. However, the entire sale may be delayed due to pending litigation between the current owner of the facility, the future owner and the township and the township's Board of Adjustment.
The current owners, represented by attorney David Stone of Ramsey, have sued the township and the Board of Adjustments, citing that the township has prevented the sale of the property to the BAPS Northeast. The lawsuit states that the township has provided unsubstantiated evidence that the new house of worship will create traffic and parking problems.
Because of the lawsuit, the owners of the property are holding nearly $550,000 in delinquent property taxes, as well as accumulated water and sewer bills owed to the township and the North Bergen Municipal Utilities Authority.
Meanwhile, BAPS Northeast has also filed a lawsuit against both the township and the Board of Adjustment, along with traffic expert Hal Simoff.
In its suit, BAPS Northeast alleges that the zoning board "discriminated" against the Hindu group. The suit says that the township refused to grant a building variance "due to the fact that the persons who would attend the services are dark-skinned Indians," according to the terms of the civil rights action suit filed in U.S. Federal Court in Newark.
"We wouldn't put something in a complaint if we didn't believe it to be true," said attorney Robert Podvey of Newark, representing BAPS Northeast. "The complaint speaks for itself. Those are the allegations in the complaint. That's why we have a judicial process to determine its validity."
Podvey said that he would not make "substantive comments" about the suit, because the litigation is ongoing. Podvey said that his client will continue to pursue legal action.
"We have found the site and we have received approval to build on the site from the courts (Bankruptcy and United States District Court)," Podvey said. "The current suit is for civil damages."
Township officials have totally denied the charges and will take their case to a U.S. Court of Appeals in Philadelphia.
Township officials, including Board of Adjustment attorney Jerry Monahan, were unavailable at press time. If the township loses its case and BAPS Northeast continues with its plan to build a temple/school hall at the site, then the group is expected to seek tax exempt status from the township for the site.
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